Minutes of Proceedings - 2002-06-19
1. MEETING:
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. CONDOLENCE – MR NEIL HARGRAVE – MOTION AGREED TO:
The Speaker advised Members of the death on 13 June 2002 of Mr Neil Hargrave an elected member of the Legislative Council from May 1954 until December 1962.
The Chief Minister (Ms Martin), by leave, moved – That this Assembly express its deep regret at the death of Mr Neil Hargrave, an elected member of the Legislative Council from 1954 until 1962 and place on record its appreciation of his long and distinguished service to the people of the Northern Territory and tenders its profound sympathy to his family.
The Chief Minister (Ms Martin) thereupon addressed the Assembly.
Debate ensued.
Question – put and passed.
Motion agreed to.
As a mark of respect Members stood in their places for one minute, in silence.
4. MINISTERIAL REPORTS:
Community Justice Strategy: The Minister for Community Development (Mr Ah Kit) made a report on strategies to encourage community justice processes and community health issues in Aboriginal communities.
Mr Elferink responded thereto.
Mr Ah Kit responded accordingly.
Ear Nose and Throat Specialists Outreach Services in Regional Hospitals: The Minister for Health and Community Services (Mrs Aagaard) made a report on improved health services to Territory communities through regional hospital services.
Ms Carter responded thereto.
Mrs Aagaard responded accordingly.
AustralAsia Trade Route: The Chief Minister (Ms Martin) made a report on the development of the AustralAsia Railway and other linked services of importing and exporting groups to facilitate the trade through Darwin and Australia.
Mr Burke responded thereto.
Ms Martin responded accordingly.
5. INFORMATION TECHNOLOGY FAILURE – STATEMENT:
The Speaker advised Members of the failure of parliament’s computer file servers on Tuesday 18 June 2002 at 5.30pm and subsequent temporary fix which failed after half an hour. Madam Speaker further advised that CSC were to provide a considered report on this ongoing breakdown of information technology services to Members and the impact this had on the production of the Daily Hansard of 18 June 2002.
6. HIH INSURANCE COLLAPSE – MOTION :
The Member for Blain (Mr Mills), pursuant to notice, moved - That this Assembly, acknowledging the hurt being felt in the community particularly by employers in relation to escalating workers compensation costs, and in full awareness that further imposts on business will see jobs lost, urges the Labor government to -
1. Make provision in the Appropriation Bill 2002/2003 sufficient funds to meet the forecast cost for 2002/2003 of the workers compensation liabilities arising from the collapse of HIH; and
2. Put in place a system whereby the funding of this liability in future years can be met without recourse to further imposts on employers. (Paper 412)
Debate ensued.
Mr Stirling: To present the Northern Territory Employment and Training Authority Amendment Bill 2002 (Serial 71).
Mr Stirling: To present the Northern Territory Employment and Training Authority (Consequential Amendments) Bill 2002 (Serial 72).
Mr Stirling: To present the Work Health Amendment Bill (No. 2) 2002 (Serial 77).
Ms Martin: To present the Pay-roll Tax Amendment Bill 2002 (Serial 73).
Dr Toyne: To present the Legal Practitioners Amendment (Community Legal Centres) Bill 2002 (Serial 78).
Dr Toyne: To present the Legal Practitioners Amendment (Mortgage Practices) Bill 2002 (Serial 70).
Mr Henderson: To move – That so much of Standing Orders be suspended as would prevent the Mining Amendment Bill 2002 (Serial 63) passing through all stages at this sitting.
Mr Henderson: To move – That so much of Standing Orders be suspended as would prevent the Oil Refinery Agreement Ratification Act Repeal Bill 2002 (Serial 62) passing through all stages at this sitting.
Mr Reed: To move – That the Assembly take note of the following papers which were deemed to be tabled on
Tuesday 18 June 2002:
Financial Management Act
Variation of Allocation to Activity, various Agencies, pursuant to section 23(1), signed Treasurer, dated 16 May 2002
(Paper 397); and
Direction – Transfer of excess Allocations between Activities, pursuant to section 20(1)(a), signed Administrator,
dated 5 June 2002 (Paper 398).
8. QUESTIONS:
2.01pm Ms Scrymgour to Ms Martin.
2.05pm Mr Reed to Mr Vatskalis.
2.09pm Dr Burns to Ms Martin.
2.14pm Mr Reed to Mr Ah Kit.
2.18pm Mr Kiely to Mr Stirling.
2.25pm Mr Burke to Mrs Aagaard.
2.26pm Mr Wood to Mr Vatskalis.
2.30pm Mr Burke to Mrs Aagaard.
2.33pm Mr McAdam to Mr Ah Kit.
2.36pm Mr Burke to Mrs Aagaard.
2.39pm Ms Scrymgour to Mrs Aagaard.
2.43pm Mr Burke to Mrs Aagaard.
2.46pm Mr Bonson to Dr Toyne.
2.50pm Ms Carter to Mr Vatskalis.
2.52pm Mr Wood to Mr Stirling.
2.54pm Mr Burke to Ms Martin.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
Answer to question: The Minister for Transport and Infrastructure (Mr Vatskalis) provided additional information to a question asked earlier this day by Mr Reed relating to PAWA corporatisation.
9. HIH INSURANCE COLLAPSE – MOTION NEGATIVED:
Resumption of debate on the motion suspended earlier this day as follows:
That this Assembly, acknowledging the hurt being felt in the community particularly by employers in relation to escalating workers compensation costs, and in full awareness that further imposts on business will see jobs lost, urges the Labor government to -
1. Make provision in the Appropriation Bill 2002/2003 sufficient funds to meet the forecast cost for 2002/2003 of the workers compensation liabilities arising from the collapse of HIH; and
2. Put in place a system whereby the funding of this liability in future years can be met without recourse to further imposts on employers.
Debate continued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 11 NOES, 13
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Mr Elferink Mr Kiely
Dr Lim Ms Lawrie
Mr Maley Ms Martin
Mr Mills Mr McAdam
Mr Reed Ms Scrymgour
Mr Wood Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
10. PUBLIC LIABILITY INSURANCE – MOTION, AS AMENDED, AGREED TO:
The Leader of the Opposition (Mr Burke), pursuant to notice, moved - That this Assembly noting the hurt being inflicted on community organisations, sporting clubs and not-for-profit organisations by the continuing rise in public liability insurance and that Territory businesses are continuing to suffer hard times due to increasing costs and taxes, calls on the Government to –
1. refund any stamp duty not-for profit organisations have had to pay to the Territory Government on their insurance premiums relating to public liability insurance since 1 July 2001;
2. urgently amend the Stamp Duty Act or its regulations to exempt not-for-profit organisations from having to pay such stamp duty from 1 July 2002;
3. refund that proportion of the stamp duty relating to any increase in public liability insurance premiums that Territory businesses have had to pay to the Territory Government since 1 July 2001; and
4. place a cap on the amount of stamp duty imposed on Territory businesses for their public liability insurance premiums where the risk insured has not materially changed so that only that proportion of the premium in place before 1 July 2001 attracts stamp duty. (Paper 413)
Debate ensued.
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
Stamp Duty Rates and Emergency Services Levies on Insurance Premiums, by NT Treasury (Paper 414).
Debate continued.
The Chief Minister (Ms Martin) moved the following amendment –
Omit all words after “that” and insert in their stead the following -
This parliament supports the comprehensive package of reform measures announced by the government to tackle rising public liability costs in the Territory including;
1. Important legal reforms:
Tort law reforms – legislating to cap thresholds for general damages and placing caps on loss of future earning capacity;
Discount rate for loss of earnings damages to be set at 5%;
Prohibit claims arising from criminal activity and taking into account recreational drug use (including alcohol) in compensation payouts;
Place limits on circumstances and amount of damages allocated to family carers; and
Introduction of compulsory conferencing or mediation prior to the commencement of court.
2. Additional measures to minimise the impact on organisations including:
Legislation to exempt volunteers from any threat of public liability action;
Legislation to implement solutions for structured settlements;
Limits on legal advertising; and
Joining with the Queensland grouping scheme from 1 September 2002 to provide assistance for not-for-profit and community groups, delivering economies of scale, more effective risk assessment and claims management.
3. Includes Territory government support for a range of national measures including:
ACCC monitoring of insurance market and premiums;
Examination of law of negligence; and
Changes to the Trade Practices Act to allow for self assumption of risk, greater collection and reporting of data from insurance companies and benchmarking claims against world standards by December 2002.
Debate continued on the main motion and amendment.
Question – That the amendment be agreed to – put and passed.
Question – That the motion, as amended, be agreed to – put and passed.
11. INFORMATION TECHNOLOGY ISSUES – STATEMENT:
The Speaker advised Members of procedures put in place in an effort to alleviate the difficulties Members and Assembly staff were currently experiencing with the use of their computers.
12. TERRITORY WIDE PERSONAL INJURIES ACCIDENT INSURANCE SCHEME – MOTION NEGATIVED:
The Leader of the Opposition (Mr Burke), pursuant to notice, moved – That this Assembly establish a Select Committee of the Legislative Assembly (as per Standing Orders 260-283) comprising two Government MLAs, two Opposition MLAs and one Independent MLA, to urgently investigate:
(a) whether –
(i) a Territory wide accident compensation scheme to provide accident insurance for personal injuries caused by –
Accident;
Work-related gradual process disease or infection;
Medical mishap or error;
could and should be established in the Territory;
(ii) such a scheme should subsume or exclude the present MACA and Workers’ Compensations schemes now operating in the Territory; and
(iii) such a scheme would obviate the need for any other form of public liability insurance in the Territory; and
(b) how such schemes operate elsewhere with particular reference to that scheme which presently operates in New Zealand.
The committee have power to –
(a) adjourn from place to place;
(b) to send for persons, papers and records; and
(c) to sit during any sitting or adjournment of the Assembly.
The committee report its proceedings and findings to the Assembly no later than the September sittings of the Assembly.
Debate ensued.
Question – That the motion be agreed to - put and negatived
13. VOLUNTEERS PROTECTION BILL 2002 (Serial 76):
The Leader of the Opposition (Mr Burke), pursuant to notice, presented a Bill for an Act to protect volunteers in the community from personal liability and for other purposes.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
14. STAMP DUTY AMENDMENT BILL 2002 (Serial 75):
The Leader of the Opposition (Mr Burke), pursuant to notice, presented a Bill for an Act amend the Stamp Duty Act.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
15. JURIES AMENDMENT BILL 2002 (Serial 74):
The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Juries Act.
Bill read a first time.
Ms Carney moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: The Member for Araluen (Ms Carney), by leave, presented the following Paper –
Letter, Honourable Dr Toyne, Minister for Justice and Attorney-General to Ms J Carney MLA, dated 30 May 2002 re proposal to interview jurors (Paper 417).
Debate continued.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
16. LOCAL GOVERNMENT AMENDMENT BILL 2002 (Serial 44):
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time -
Debate ensued.
Question – put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Member for Nelson (Mr Wood) the Bill was read a third time and passed to be a proposed law.
17. CRIMINAL CODE AMENDMENT BILL 2002 (Serial 36) – DISCHARGED:
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
The Member for Araluen (Ms Carney) asked that the Bill standing in her name be discharged.
Ordered that the Bill be withdrawn.
18. SMALL CLAIMS AMENDMENT BILL 2002 (Serial 40) – NEGATIVED:
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
Debate ensued.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Letter, Mr David Yeaman, Commercial Property Manager, L J Hooker, Alice Springs to Ms Jodeen Carney MLA re recovery of costs in small claims actions - re Small Claims Amendment Bill (Paper 418).
Debate continued.
Question – put and negatived.
19. ORDINARY BUSINESS, ROUTINE OF – MOTION AGREED TO:
The Leader of Government Business (Mr Stirling), pursuant to notice, moved – That, unless otherwise ordered, and notwithstanding anything contained in the Standing Orders, the Assembly shall proceed each day with its Ordinary Business in the following routine:-
(1) Prayers
(2) Petitions
(3) Ministerial Reports
(4) Government Business - Notices and Orders of the Day
(5) At 2pm Notices
(6) Questions
(7) Government Business - Notices and Orders of the Day
(8) Papers
(9) Ministerial Statements
(10) Discussion pursuant to standing order 94 (Matter of Public Importance)
(11) Adjournment
Debate ensued.
Question – put and passed.
20. AUCTIONEERS ACT REPEAL BILL 2002 (Serial 65), AUCTIONEERS ACT REPEAL (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 66), CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 2002 (Serial 67), HOTEL-KEEPERS AMENDMENT BILL 2002 (Serial 68) and PRICES REGULATION AMENDMENT BILL 2002 (Serial69):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved - That so much of the Standing Orders be suspended as would prevent Bills entitled - Auctioneers Act Repeal Bill 2002 (Serial 65), Auctioneers Act Repeal (Consequential Amendments) Bill 2002 (Serial 66), Consumer Affairs and Fair Trading Amendment Bill 2002 (Serial 67), Hotel-keepers Amendment Bill 2002 (Serial 68), and Prices Regulation Amendment Bill 2002 (Serial 69) -
(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the committee of the whole.
Question – put and passed – there being an absolute majority of the whole number of members present and no dissentient voice.
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act, respectively to repeal the Auctioneers Act; a Bill for an Act to amend various legislation consequential on the repeal of the Auctioneers Act; a Bill for an Act to amend the Consumer Affairs and Fair Trading Act; a Bill for an Act to amend the Hotel-keepers Act; and a Bill for an Act to amend the Prices Regulation Act.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
21. DISTINGUISHED VISITOR:
The Acting Deputy Speaker (Ms Lawrie) advised Members of the presence in the public gallery of the Member for Kimberly,
Ms Carol Martin.
On behalf of all Members the acting Deputy Speaker (Ms Lawrie) extended a warm welcome to the distinguished visitor.
22. ADJOURNMENT:
The Minister for Justice and Attorney-General (Dr Toyne) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 9.59pm until Thursday 20 June 2002 at 10am.
The following Papers were deemed to have been presented on Wednesday 19 June 2002:
Annual Reports:
Jabiru Town Council, 2000/2001 (Paper 408)
Jabiru Town Development Authority, 2000/2001 (Paper 409)
By-Laws 2002:
Bay-View Estate By-Laws (Paper 410)
ATTENDANCE:
All Members attended the sittings.
The Assembly met at 10am. The Speaker, the Honourable L. M. Braham, took the Chair.
2. PRAYERS.
3. CONDOLENCE – MR NEIL HARGRAVE – MOTION AGREED TO:
The Speaker advised Members of the death on 13 June 2002 of Mr Neil Hargrave an elected member of the Legislative Council from May 1954 until December 1962.
The Chief Minister (Ms Martin), by leave, moved – That this Assembly express its deep regret at the death of Mr Neil Hargrave, an elected member of the Legislative Council from 1954 until 1962 and place on record its appreciation of his long and distinguished service to the people of the Northern Territory and tenders its profound sympathy to his family.
The Chief Minister (Ms Martin) thereupon addressed the Assembly.
Debate ensued.
Question – put and passed.
Motion agreed to.
As a mark of respect Members stood in their places for one minute, in silence.
4. MINISTERIAL REPORTS:
Community Justice Strategy: The Minister for Community Development (Mr Ah Kit) made a report on strategies to encourage community justice processes and community health issues in Aboriginal communities.
Mr Elferink responded thereto.
Mr Ah Kit responded accordingly.
Ear Nose and Throat Specialists Outreach Services in Regional Hospitals: The Minister for Health and Community Services (Mrs Aagaard) made a report on improved health services to Territory communities through regional hospital services.
Ms Carter responded thereto.
Mrs Aagaard responded accordingly.
AustralAsia Trade Route: The Chief Minister (Ms Martin) made a report on the development of the AustralAsia Railway and other linked services of importing and exporting groups to facilitate the trade through Darwin and Australia.
Mr Burke responded thereto.
Ms Martin responded accordingly.
5. INFORMATION TECHNOLOGY FAILURE – STATEMENT:
The Speaker advised Members of the failure of parliament’s computer file servers on Tuesday 18 June 2002 at 5.30pm and subsequent temporary fix which failed after half an hour. Madam Speaker further advised that CSC were to provide a considered report on this ongoing breakdown of information technology services to Members and the impact this had on the production of the Daily Hansard of 18 June 2002.
6. HIH INSURANCE COLLAPSE – MOTION :
The Member for Blain (Mr Mills), pursuant to notice, moved - That this Assembly, acknowledging the hurt being felt in the community particularly by employers in relation to escalating workers compensation costs, and in full awareness that further imposts on business will see jobs lost, urges the Labor government to -
1. Make provision in the Appropriation Bill 2002/2003 sufficient funds to meet the forecast cost for 2002/2003 of the workers compensation liabilities arising from the collapse of HIH; and
2. Put in place a system whereby the funding of this liability in future years can be met without recourse to further imposts on employers. (Paper 412)
Debate ensued.
——————————
Suspension of sitting: The sittings of the Assembly was suspended between 11.56am and 2pm.——————————
7. NOTICES:Mr Stirling: To present the Northern Territory Employment and Training Authority Amendment Bill 2002 (Serial 71).
Mr Stirling: To present the Northern Territory Employment and Training Authority (Consequential Amendments) Bill 2002 (Serial 72).
Mr Stirling: To present the Work Health Amendment Bill (No. 2) 2002 (Serial 77).
Ms Martin: To present the Pay-roll Tax Amendment Bill 2002 (Serial 73).
Dr Toyne: To present the Legal Practitioners Amendment (Community Legal Centres) Bill 2002 (Serial 78).
Dr Toyne: To present the Legal Practitioners Amendment (Mortgage Practices) Bill 2002 (Serial 70).
Mr Henderson: To move – That so much of Standing Orders be suspended as would prevent the Mining Amendment Bill 2002 (Serial 63) passing through all stages at this sitting.
Mr Henderson: To move – That so much of Standing Orders be suspended as would prevent the Oil Refinery Agreement Ratification Act Repeal Bill 2002 (Serial 62) passing through all stages at this sitting.
Mr Reed: To move – That the Assembly take note of the following papers which were deemed to be tabled on
Tuesday 18 June 2002:
Financial Management Act
Variation of Allocation to Activity, various Agencies, pursuant to section 23(1), signed Treasurer, dated 16 May 2002
(Paper 397); and
Direction – Transfer of excess Allocations between Activities, pursuant to section 20(1)(a), signed Administrator,
dated 5 June 2002 (Paper 398).
8. QUESTIONS:
2.01pm Ms Scrymgour to Ms Martin.
2.05pm Mr Reed to Mr Vatskalis.
2.09pm Dr Burns to Ms Martin.
2.14pm Mr Reed to Mr Ah Kit.
2.18pm Mr Kiely to Mr Stirling.
2.25pm Mr Burke to Mrs Aagaard.
2.26pm Mr Wood to Mr Vatskalis.
2.30pm Mr Burke to Mrs Aagaard.
2.33pm Mr McAdam to Mr Ah Kit.
2.36pm Mr Burke to Mrs Aagaard.
2.39pm Ms Scrymgour to Mrs Aagaard.
2.43pm Mr Burke to Mrs Aagaard.
2.46pm Mr Bonson to Dr Toyne.
2.50pm Ms Carter to Mr Vatskalis.
2.52pm Mr Wood to Mr Stirling.
2.54pm Mr Burke to Ms Martin.
The Leader of Government Business (Mr Stirling) asked that further questions be placed on the Written Question Paper.
Answer to question: The Minister for Transport and Infrastructure (Mr Vatskalis) provided additional information to a question asked earlier this day by Mr Reed relating to PAWA corporatisation.
9. HIH INSURANCE COLLAPSE – MOTION NEGATIVED:
Resumption of debate on the motion suspended earlier this day as follows:
That this Assembly, acknowledging the hurt being felt in the community particularly by employers in relation to escalating workers compensation costs, and in full awareness that further imposts on business will see jobs lost, urges the Labor government to -
1. Make provision in the Appropriation Bill 2002/2003 sufficient funds to meet the forecast cost for 2002/2003 of the workers compensation liabilities arising from the collapse of HIH; and
2. Put in place a system whereby the funding of this liability in future years can be met without recourse to further imposts on employers.
Debate continued.
Question - That the motion be agreed to - put.
The Assembly divided (the Speaker, Hon. L. M. Braham, in the Chair) -
AYES, 11 NOES, 13
Mr Baldwin Mrs Aagaard
Mr Burke Mr Ah Kit
Ms Carney Mr Bonson
Ms Carter Dr Burns
Mr Dunham Mr Henderson
Mr Elferink Mr Kiely
Dr Lim Ms Lawrie
Mr Maley Ms Martin
Mr Mills Mr McAdam
Mr Reed Ms Scrymgour
Mr Wood Mr Stirling
Dr Toyne
Mr Vatskalis
Motion negatived accordingly.
10. PUBLIC LIABILITY INSURANCE – MOTION, AS AMENDED, AGREED TO:
The Leader of the Opposition (Mr Burke), pursuant to notice, moved - That this Assembly noting the hurt being inflicted on community organisations, sporting clubs and not-for-profit organisations by the continuing rise in public liability insurance and that Territory businesses are continuing to suffer hard times due to increasing costs and taxes, calls on the Government to –
1. refund any stamp duty not-for profit organisations have had to pay to the Territory Government on their insurance premiums relating to public liability insurance since 1 July 2001;
2. urgently amend the Stamp Duty Act or its regulations to exempt not-for-profit organisations from having to pay such stamp duty from 1 July 2002;
3. refund that proportion of the stamp duty relating to any increase in public liability insurance premiums that Territory businesses have had to pay to the Territory Government since 1 July 2001; and
4. place a cap on the amount of stamp duty imposed on Territory businesses for their public liability insurance premiums where the risk insured has not materially changed so that only that proportion of the premium in place before 1 July 2001 attracts stamp duty. (Paper 413)
Debate ensued.
Paper tabled: The Chief Minister (Ms Martin) laid on the Table the following Paper –
Stamp Duty Rates and Emergency Services Levies on Insurance Premiums, by NT Treasury (Paper 414).
Debate continued.
The Chief Minister (Ms Martin) moved the following amendment –
Omit all words after “that” and insert in their stead the following -
This parliament supports the comprehensive package of reform measures announced by the government to tackle rising public liability costs in the Territory including;
1. Important legal reforms:
Tort law reforms – legislating to cap thresholds for general damages and placing caps on loss of future earning capacity;
Discount rate for loss of earnings damages to be set at 5%;
Prohibit claims arising from criminal activity and taking into account recreational drug use (including alcohol) in compensation payouts;
Place limits on circumstances and amount of damages allocated to family carers; and
Introduction of compulsory conferencing or mediation prior to the commencement of court.
2. Additional measures to minimise the impact on organisations including:
Legislation to exempt volunteers from any threat of public liability action;
Legislation to implement solutions for structured settlements;
Limits on legal advertising; and
Joining with the Queensland grouping scheme from 1 September 2002 to provide assistance for not-for-profit and community groups, delivering economies of scale, more effective risk assessment and claims management.
3. Includes Territory government support for a range of national measures including:
ACCC monitoring of insurance market and premiums;
Examination of law of negligence; and
Changes to the Trade Practices Act to allow for self assumption of risk, greater collection and reporting of data from insurance companies and benchmarking claims against world standards by December 2002.
Debate continued on the main motion and amendment.
Question – That the amendment be agreed to – put and passed.
Question – That the motion, as amended, be agreed to – put and passed.
11. INFORMATION TECHNOLOGY ISSUES – STATEMENT:
The Speaker advised Members of procedures put in place in an effort to alleviate the difficulties Members and Assembly staff were currently experiencing with the use of their computers.
12. TERRITORY WIDE PERSONAL INJURIES ACCIDENT INSURANCE SCHEME – MOTION NEGATIVED:
The Leader of the Opposition (Mr Burke), pursuant to notice, moved – That this Assembly establish a Select Committee of the Legislative Assembly (as per Standing Orders 260-283) comprising two Government MLAs, two Opposition MLAs and one Independent MLA, to urgently investigate:
(a) whether –
(i) a Territory wide accident compensation scheme to provide accident insurance for personal injuries caused by –
Accident;
Work-related gradual process disease or infection;
Medical mishap or error;
could and should be established in the Territory;
(ii) such a scheme should subsume or exclude the present MACA and Workers’ Compensations schemes now operating in the Territory; and
(iii) such a scheme would obviate the need for any other form of public liability insurance in the Territory; and
(b) how such schemes operate elsewhere with particular reference to that scheme which presently operates in New Zealand.
The committee have power to –
(a) adjourn from place to place;
(b) to send for persons, papers and records; and
(c) to sit during any sitting or adjournment of the Assembly.
The committee report its proceedings and findings to the Assembly no later than the September sittings of the Assembly.
Debate ensued.
Question – That the motion be agreed to - put and negatived
13. VOLUNTEERS PROTECTION BILL 2002 (Serial 76):
The Leader of the Opposition (Mr Burke), pursuant to notice, presented a Bill for an Act to protect volunteers in the community from personal liability and for other purposes.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
14. STAMP DUTY AMENDMENT BILL 2002 (Serial 75):
The Leader of the Opposition (Mr Burke), pursuant to notice, presented a Bill for an Act amend the Stamp Duty Act.
Bill read a first time.
Mr Burke moved – That the Bill be now read a second time.
Debate ensued.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
15. JURIES AMENDMENT BILL 2002 (Serial 74):
The Member for Araluen (Ms Carney), pursuant to notice, presented a Bill for an Act to amend the Juries Act.
Bill read a first time.
Ms Carney moved – That the Bill be now read a second time.
Debate ensued.
Paper tabled: The Member for Araluen (Ms Carney), by leave, presented the following Paper –
Letter, Honourable Dr Toyne, Minister for Justice and Attorney-General to Ms J Carney MLA, dated 30 May 2002 re proposal to interview jurors (Paper 417).
Debate continued.
On the motion of the Member for Fannie Bay (Ms Martin) debate was adjourned.
16. LOCAL GOVERNMENT AMENDMENT BILL 2002 (Serial 44):
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time -
Debate ensued.
Question – put and passed.
Bill read a second time.
Leave granted for a motion for the third reading of the Bill to be moved forthwith.
On the motion of the Member for Nelson (Mr Wood) the Bill was read a third time and passed to be a proposed law.
17. CRIMINAL CODE AMENDMENT BILL 2002 (Serial 36) – DISCHARGED:
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
The Member for Araluen (Ms Carney) asked that the Bill standing in her name be discharged.
Ordered that the Bill be withdrawn.
18. SMALL CLAIMS AMENDMENT BILL 2002 (Serial 40) – NEGATIVED:
The Order of the Day having been read for the resumption of debate on the question – That the Bill be now read a second time –
Debate ensued.
Paper tabled: The Member for Araluen (Ms Carney), by leave, laid on the Table the following Paper –
Letter, Mr David Yeaman, Commercial Property Manager, L J Hooker, Alice Springs to Ms Jodeen Carney MLA re recovery of costs in small claims actions - re Small Claims Amendment Bill (Paper 418).
Debate continued.
Question – put and negatived.
19. ORDINARY BUSINESS, ROUTINE OF – MOTION AGREED TO:
The Leader of Government Business (Mr Stirling), pursuant to notice, moved – That, unless otherwise ordered, and notwithstanding anything contained in the Standing Orders, the Assembly shall proceed each day with its Ordinary Business in the following routine:-
(1) Prayers
(2) Petitions
(3) Ministerial Reports
(4) Government Business - Notices and Orders of the Day
(5) At 2pm Notices
(6) Questions
(7) Government Business - Notices and Orders of the Day
(8) Papers
(9) Ministerial Statements
(10) Discussion pursuant to standing order 94 (Matter of Public Importance)
(11) Adjournment
Debate ensued.
Question – put and passed.
20. AUCTIONEERS ACT REPEAL BILL 2002 (Serial 65), AUCTIONEERS ACT REPEAL (CONSEQUENTIAL AMENDMENTS) BILL 2002 (Serial 66), CONSUMER AFFAIRS AND FAIR TRADING AMENDMENT BILL 2002 (Serial 67), HOTEL-KEEPERS AMENDMENT BILL 2002 (Serial 68) and PRICES REGULATION AMENDMENT BILL 2002 (Serial69):
Suspension of Standing Orders: The Minister for Justice and Attorney-General (Dr Toyne) moved - That so much of the Standing Orders be suspended as would prevent Bills entitled - Auctioneers Act Repeal Bill 2002 (Serial 65), Auctioneers Act Repeal (Consequential Amendments) Bill 2002 (Serial 66), Consumer Affairs and Fair Trading Amendment Bill 2002 (Serial 67), Hotel-keepers Amendment Bill 2002 (Serial 68), and Prices Regulation Amendment Bill 2002 (Serial 69) -
(a) being presented and read a first time together and one motion being put in regard to, respectively, the second readings; the committee’s report stage; and the third readings of the Bills together; and
(b) the consideration of the Bills separately in the committee of the whole.
Question – put and passed – there being an absolute majority of the whole number of members present and no dissentient voice.
The Minister for Justice and Attorney-General (Dr Toyne), pursuant to notice, presented a Bill for an Act, respectively to repeal the Auctioneers Act; a Bill for an Act to amend various legislation consequential on the repeal of the Auctioneers Act; a Bill for an Act to amend the Consumer Affairs and Fair Trading Act; a Bill for an Act to amend the Hotel-keepers Act; and a Bill for an Act to amend the Prices Regulation Act.
Bills read a first time.
Dr Toyne moved – That the Bills be now read a second time.
Debate ensued.
On the motion of the Member for Brennan (Mr Burke) debate was adjourned.
21. DISTINGUISHED VISITOR:
The Acting Deputy Speaker (Ms Lawrie) advised Members of the presence in the public gallery of the Member for Kimberly,
Ms Carol Martin.
On behalf of all Members the acting Deputy Speaker (Ms Lawrie) extended a warm welcome to the distinguished visitor.
22. ADJOURNMENT:
The Minister for Justice and Attorney-General (Dr Toyne) moved – That the Assembly do now adjourn.
Debate ensued.
Question – put and passed.
And the Assembly adjourned at 9.59pm until Thursday 20 June 2002 at 10am.
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PAPERS:The following Papers were deemed to have been presented on Wednesday 19 June 2002:
Annual Reports:
Jabiru Town Council, 2000/2001 (Paper 408)
Jabiru Town Development Authority, 2000/2001 (Paper 409)
By-Laws 2002:
Bay-View Estate By-Laws (Paper 410)
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ATTENDANCE:
All Members attended the sittings.
Last updated: 04 Aug 2016